The Evolution of Surrogacy and its Shortcomings in India

  • Tarushi Kapoor
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  • Tarushi Kapoor

    Student at O.P Jindal Global University, India

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Surrogacy, often stigmatised, is still one of the ways by which a couple can fulfil their dream of having a child. India, for the longest time has been a surrogate market; attracting a huge of number of foreigners to come and find surrogate mothers in the country. The word "surrogacy" is derived from the Latin word "surrogatus," which denotes a replacement or substitute deed. In terms of reproduction, it refers to a deal when a woman agrees to bear another person's kid in exchange for money with the intention of giving it to the intended parents. This practice, however, has always had mix opinions of people. Many considered it a taboo and an ‘easy way’ out of pregnancy. Eventually people started accepting the norms of surrogacy and of Assisted Reproductive Technologies (ART) and thus made India one of the largest largest market from where people could ‘rent a womb.’ This is where the need for regulation was realised and thus the parliament made various bills and acts in order to regulate the functions of surrogacy and its relative markets. The paper analyses whether the need and regulations of surrogacy bills have been duly met or if their still remains discrepancies within the acts.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2389 - 2400


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